BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
Purpose All members of the Cambrian College (the College) community have a right to work and study in an environment that is free from any form of sexual violence. This policy and its related protocol sets out the way in which we address sexual violence. It ensures that those who experience sexual violence are believed, and appropriately accommodated and ensures the College has a process of investigation that protects the rights of individuals and holds individuals who have committed an act of sexual violence accountable
Background 1. This Policy applies to all members of the College community including all employees, governors, students, contractors, and suppliers of services, individuals who are directly connected to any College initiatives, volunteers, and visitors.
2. This Policy supersedes all other policies in relation to sexual assault and sexual violence. The Board recognizes that lobbying on specific issues may involve joint action with the College administration, Colleges Ontario, Colleges and Institutes Canada (CICan), or other interested parties. The Board also may advocate on its own.
The Policy Definitions Acquaintance sexual assault: Sexual contact that is forced, manipulated, or coerced by a partner, friend or acquaintance. Age of consent for sexual activity: The age at which a person can legally consent to sexual activity. In Canada children under 12 can never legally consent to sexual acts. Sixteen is the legal age of consent for sexual acts. There are variations on the age of consent for adolescents who are close in age between the ages of 12 and 16. Twelve and 13 year-olds can consent to have sex with other youth who are less than two years older than themselves. Youth who are 14 and 15 years old may consent to sexual involvement that is mutual with a person who is less than five years older. Youths 16 and 17 years old may legally consent to sexual acts with someone who is not in a position of trust or authority. Coercion: In the context of sexual violence, coercion is an unreasonable and persistent pressure for sexual activity. Coercion is the use of emotional manipulation, blackmail, threats to family or friends, or the promise of rewards or special treatment, to persuade someone to do something he/she does not wish to do, such as being sexual or performing particular sexual acts. Consent: The voluntary and explicit agreement to engage in the sexual activity in question. It is the act of willingly agreeing to engage in specific sexual behaviour, and requires that a person is able to freely choose between two options: yes and no. This means that there must be an understandable exchange of affirmative words, which indicates a willingness to participate in mutually agreed upon sexual activity. It is also imperative that everyone understands the following:
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BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
Silence or non-communication must never be interpreted as consent and a person in a state of diminished judgment cannot consent. A person is incapable of giving consent if he/she is asleep, unconscious or otherwise unable to communicate. A person who has been threatened or coerced (i.e. is not agreeing voluntarily) into engaging in the sexual activity is not consenting to it. A person who is incapacitated due to the consumption of drugs or alcohol cannot give consent. A person may be unable to give consent if he/she has a mental disability preventing them from fully understanding sexual acts. The fact that consent was given in the past to a sexual or dating relationship does not mean that consent is deemed to exist for all future sexual activity. A person can withdraw consent at any time during the course of a sexual encounter. A person is incapable of giving consent to a person in a position of trust, power or authority, such as: a faculty member initiating a relationship with a student who he or she teaches; an administrator initiating a relationship with anyone who reports to that position or is in a direct line of authority to that position. Consent cannot be given on behalf of another person. It is the responsibility of the initiator of sexual activity to ensure clear and affirmative responses are communicated at all stages of sexual engagement. It is also the initiator’s responsibility to know if the person he/she is engaging with sexually is a minor. The Criminal Code defines “consent” as follows: Consent: The voluntary agreement to engage in the sexual activity in question. No consent is obtained where a) the agreement is expressed by the words or conduct of a person other than the complainant; b) the complainant is incapable of consenting to the activity; c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority; d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity. Disclosure: a disclosure or to disclose refers to when someone informs or tells their lived sexual violence experience to a member of the College Community. A disclosure does not constitute a report/complaint. Drug-facilitated sexual assault: The use of alcohol and/or drugs (prescription or non-prescription) by a perpetrator to control, overpower or subdue a victim for purposes of sexual assault. Respondent: refers to an individual against whom a complaint has been made under this Policy.
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BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
Sexual assault: A criminal offence under the Criminal Code of Canada. Sexual assault is any type of unwanted physical contact with a sexual connotation done by one person to another, that violates the sexual integrity of the victim, and involves a range of behaviours from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behaviours that involve the use of force, threats, or control towards a person, which makes that person feel uncomfortable, distressed, frightened, threatened, or that is carried out in circumstances in which the person has not freely agreed, consented to, or is incapable of consenting to. Sexual violence: Any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation. Stalking: A form of criminal harassment prohibited by the Criminal Code of Canada. It involves behaviours that instill fear in the victim or threaten the victim/target’s safety or mental health. Stalking can include following, communicating with or watching over one’s dwelling or home, threats of harm to the target’s friends and/or family. These behaviours include, but are not limited to non-consensual communications (face to face, phone, email, social media); threatening or obscene gestures; surveillance; sending unsolicited gifts; “creeping” via social media/cyber-stalking; and uttering threats. Survivor: Someone who has experienced sexual violence may choose to identify as a survivor. Others may prefer the term “victim”. This document uses “survivor” because some who have experienced sexual assault believe they have overcome the violent experiences and do not wish to self-identify as victims. However, persons who have experienced sexual violence have the prerogative to self-identify as they wish.
Policy Statement Sexual assault and sexual violence are unacceptable and will not be tolerated. The College is committed to challenging and preventing sexual violence and creating a safe space for anyone in our College community who has experienced or been affected by sexual violence. The College is expected to be a safe and positive space where members of the College community feel able to work, learn and express themselves in an environment free from sexual violence. All reported incidents of sexual violence will be investigated and will be investigated in a manner that ensures due process. It is this policy’s intention to make individuals feel comfortable about making a report in good faith about sexual violence that they have experienced or witnessed. We recognize that sexual violence can occur between individuals regardless of sexual orientation, gender, gender identity, gender expression or relationship status as articulated in the Ontario Human Rights Code. We also recognize that individuals who have experienced sexual violence may experience emotional, academic or other difficulties.
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BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
We are committed to: 1.1 assisting those who have experienced or been affected by sexual violence by providing choices, including detailed information and support, such as provision of and/or referral to counselling and medical care, information about legal options, and appropriate academic and other accommodation; 1.2 ensuring that those who disclose that they have been sexually assaulted are treated with dignity and respect throughout the process of disclosure, investigation and institutional response; 1.3 addressing harmful attitudes and behaviours (e.g. adhering to myths of sexual violence) that reinforce that the person who experienced sexual violence is somehow to blame for what happened; 1.4 treating individuals who disclose sexual violence with compassion, recognizing that they are the final decision-makers about their own best interests while being aware and informing the individual, if necessary, that some disclosures are mandatory (e.g. CAS reporting for individuals 16 or 17 years of age is mandatory only in cases where the complaint of sexual violence is against a parent or the person having charge of the child which could include but is not limited to parent, guardian, College staff and faculty). 1.5 ensuring that on-campus (internal) investigation procedures are available in the case of sexual violence, even when the individual chooses not to make a report to the police; 1.6 engaging in appropriate procedures for investigation and adjudication of a complaint which are in accordance with College policies, standards and applicable collective agreements, and that ensure fairness and due process; 1.7 ensuring coordination and communication among the various departments who are most likely to be involved in the response to sexual violence on campus; 1.8 engaging in public education and prevention activities; 1.9 providing information to the College community about our sexual violence policies and protocols; 1.10 providing appropriate education and training to the College community about responding to the disclosure of sexual violence; 1.11 contributing to the creation of a campus atmosphere in which sexual violence is not tolerated; and 1.12 monitoring and updating our policies and protocols to ensure that they remain effective and in line with other existing policies and best practices.
Reporting and Responding to Sexual Violence 4
BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
1.13 Members of the College community shall immediately report sexual violence incidents they witness or have knowledge of, or where they have reason to believe that sexual violence has occurred or may occur. Members who have experienced sexual violence are encouraged to come forward to report as soon as they are able to do so. 1.14 Staff members with certain credentials may be legally bound by an authority to maintain confidentiality. 1.15 Persons in a position of authority, including persons directing the activities of others, shall take immediate action to respond to or to prevent sexual violence from occurring. 1.16 Where the College becomes aware of incidents of sexual violence by a member of the College community or against a member of the College community, which occur on or off College property and that pose a risk to the safety of members of the College community, the College shall take all reasonable steps to ensure the safety of the College community.
Complaint Process and Investigation A complaint of sexual assault or any other kind of sexual violence can be filed under this Policy by any member of the College community. The College will seek, provide, and respect the principals of procedural fairness in dealing with all complaints. As such, no sanction and/or disciplinary action will be taken against persons or groups without their knowledge where there is an alleged breach of this Policy. Respondents will be given reasonable notice, with full detail of the allegations, and provided with an opportunity to answer to the allegations made against them. 1.17 Right to Withdraw a Complaint A complainant has the right to withdraw a complaint at any stage of the process. However, the College may continue to act on the issue identified in the complaint in order to comply with its obligation under this Policy and/or its legal obligations. 1.18 Protection from Reprisals, Retaliation or Threats It is contrary to this Policy for anyone to retaliate, engage in reprisals, or threaten to retaliate against a complainant or other individual for: having pursued rights under this Policy or the Ontario Human Rights Code; having participated or co-operated in an investigation under this Policy or the Ontario Human Rights Code; or having been associated with someone who has pursued rights under this Policy or the Ontario Human Rights Code. The College will take all reasonable steps to protect persons from reprisals, retaliation and threats. This
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BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
may entail, for example, advising individuals in writing of their duty to refrain from committing a reprisal and sanctioning individuals for a breach of this duty. The College may also address the potential for reprisals by providing an accommodation appropriate in the circumstances. 1.19 Unsubstantiated or Vexatious Complaints If a person, in good faith, discloses or files a sexual violence complaint that is not supported by evidence gathered during an investigation, that complaint will be dismissed. Colleges may wish to reference their own policies regarding recordkeeping. Disclosures or complaints that are found following an investigation to be frivolous, vexatious or bad faith complaints, that is made to purposely annoy, embarrass or harm the respondent, may result in sanctions and/or discipline against the complainant.
Confidentiality Confidentiality is particularly important to those who have disclosed sexual violence. The confidentiality of all persons involved in a report of sexual violence must be strictly observed, and the College does its best to respect the confidentiality of all persons, including the complainant, respondent, and witnesses, by restricting routine access to information to individuals with a need for such access and by providing education and training to those who are regularly involved in the administration of reports and complaints However, confidentiality cannot be assured in the following circumstances: Where an individual is under the age of 18 and has disclosed sexual violence by a parent, a person in a position of authority, or the person having charge of the child (which could include, but is not limited to parent, guardian, College staff or faculty); an individual is at imminent risk of self-harm;
an individual is at imminent risk of harming another; and/or
there are reasonable grounds to believe that others in the College or wider community may be at risk of harm. In such circumstances, information would be shared with necessary services to prevent harm, and the name of the survivor would not be released to the public. Where the College becomes aware of an allegation of sexual violence by a member of the College community against another member of the College community, the College may also have an obligation to take steps to ensure that the matter is dealt with in order to comply with the College’s legal obligation and/or its policies to investigate such allegations. In such cases, certain College administrators will be informed about the reported incident on a “need to know” and confidential basis, but not necessarily of the identities of the persons involved. Cross Reference to Other Policies and/or Legal Requirements
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BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
Code of Conduct
Workplace Violence Prevention Policy Procedures for Student Misconduct
Campus Living Centres (CLC) Residence Sexual Assault Policy and Procedures – contact CLC directly
Threat Assessment Policy
SEXUAL ASSAULT AND SEXUAL VIOLENCE PROTOCOL
The College’s Commitment to Survivors of Sexual Assault is as follows. Anyone who has experienced or who has been affected by sexual violence has the right to:
be treated with dignity and respect; be believed; be informed about on and off-campus services and resources; decide whether or not to access available services and to choose those services he/she feel will be most beneficial; decide whether to report to campus security and/or local police; have a safety plan, and have reasonable and necessary actions taken to prevent further unwanted contact with the alleged perpetrator(s).
1. If You Have Experienced or been Affected by Sexual Violence Survivors, or anyone affected by sexual violence may seek out any number of the services listed below at any time; however, immediately after a sexual assault, they may wish to consider the following steps: A. Go to a safe place and seek out help If you are on or off campus, call or go to a trusted individual or friend; or
If you are on the Barrydowne campus you can call Campus Security Services at 705-566-8101, ext. 7911 – they are available 24 hours a day, 7 days a week; or If you are elsewhere, you can call Emergency Services at 911.
B. Get medical attention as soon as possible
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BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
Go to your nearest Hospital Emergency Department. o For the Sudbury area, go to Health Sciences North Emergency Department triage located at 41 Ramsey Lake Road, and ask to have the Violence Intervention and Protection Program (VIPP) Nurse on- call paged. The VIPP nurse will respond within 30 to 45 minutes to meet with you to discuss your treatment and support. The hospital is open 24 hours a day, 7 days a week. Assessment is confidential. o In Espanola, go to the Emergency Department of the Espanola Regional Hospital and Health Centre located at 825 McKinnon Drive. The hospital is open 24 hours a day, 7 days a week.
o In Little Current, go to the Emergency Department of the Manitoulin Health Centre located at 11 Meredith Street. The Centre is open 24 hours a day, 7 days a week.
You can also call the VIPP unit directly at 705-675-4743, Monday to Friday, 8:00 a.m. to 10:00 p.m. or contact them at the following email address: [email protected] C. Consider reporting If you want to report the assault, you have several options that you can proceed with as soon as you are ready. The following areas can help you file reports:
Manager, Equity, Human Rights and Accessibility at 705-566-8101, ext. 7235, Mondays to Fridays from 8:30 am to 4:30 pm, or
Campus Security Services 705-566-8101, ext. 7298 or 7911 after 4:30 p.m. on weekdays or anytime on weekends, or
Residence Service Desk and ask for the on-call Manager at 705-566-8101, ext. 7583, or
Cambrian Student Council (CSC) at 705-566-8101, 7729, or
Supervisor, if you are an employee of the College, or
Local Police Services o In Sudbury, call 705-675-9171. o In Little Current, call 1-888-310-1122. We strongly encourage you to disclose and report incidents of sexual violence; however it is entirely up to you if you choose to do so. Survivors or anyone affected by sexual violence are not required to report an incident of, or make a complaint about sexual violence, in order to obtain supports and services or to receive accommodation. We recognize that this may be emotionally difficult and you may want to reach out to
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BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
resources available to you. D. Seek out support.
Students can access Real Campus by calling 1-877-390-7325 or emailing [email protected].
Students can call Counselling at 705-566-8101, ext. 7311 or contact them via email at [email protected].
Students can access Indigenous support through the Wabnode Centre for Indigenous Services.
Employees of the College can access Cambrian’s Employee and Family Assistance Program 24/7 at 1-800- 890-9052 or through the “myEAP” app.
Women can call the Assaulted Women’s Helpline 24/7 at 1-866-863-0511.
Men can call the Sexual Assault Crisis Line for Men 24/7 at 1-866-887-0015. Click here for a list of College and Community Services. Should you want advice on how to navigate the college systems and services, please contact the following areas for assistance:
The office of the Associate Vice-President, Human Resources and Student Services at 705-566-8101, ext. 7294, room 3006 or via email at [email protected] or,
Cambrian Student Council (CSC) at 705-566-8101, ext. 7729 or room 1164 or,
Cambrian Athletic Association (CAA) at 705-566-8101, ext. 7410 or,
Wabnode, Centre for Indigenous Services at 705-566-8101, ext. 7700 or room 2133.
2. If You Would like to File a Formal Complaint Survivors of sexual assault may choose a criminal and/or non-criminal option for reporting.
Criminal Complaint Any community members may pursue criminal charges under the Criminal Code of Canada by contacting the local police service.
Non-criminal Complaint If survivors would like to make a non-criminal complaint to the College, the Manager, Equity, Human Rights and Accessibility can explain the processes available through the Sexual Assault and Sexual Violence Policy and Protocol. Depending on the circumstances, non-criminal options may include, but are
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BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
not limited to: “no contact” undertakings with the alleged assailant, on or off-campus safety planning, class scheduling and other academic accommodations, and/or workplace accommodations.
Campus Security Services may impose or facilitate interim measures to restrict access to some college facilities by the alleged perpetrator where the College determines there may be a safety risk.
If either the survivor or the alleged perpetrator is a student living in Residence, the College may take immediate steps to protect the survivor and potential witnesses, the College community, or any of its members. For instance, the General Manager, Residence may deem it necessary to provide the survivor/complainant and/or the alleged perpetrator/respondent with alternative housing assignments during an investigation.
If the survivor/complainant or alleged perpetrator/respondent is an employee of the College, the College may impose or facilitate interim measures such as, but not limited to, moving the respondent to a different department, or placing the respondent on an administrative leave of absence pending resolution of the complaint. The use of College administrative processes does not preclude the use of other options outside the College such as criminal proceedings.
3. What to Do if You Have Witnessed Sexual Violence If you witness sexual violence, please call or visit:
Campus Security Services at 705-566-8101, ext. 7911, room 2036, or
Manager, Equity, Human Rights, and Accessibility at 705- 566-8101, ext. 7235, room 4089E, or
Residence Services Office, 705-566-8101, ext. 7583, or
Cambrian Students Council at 705-566-8101, ext. 7729, room 1164. If an employee of the College witnesses what they believe to be an incident of sexual violence against another member of the College community, the employee is required to report the incident to their supervisor or that person’s supervisor. All members of the College community who have witnessed sexual violence have the duty to cooperate with a college investigation.
4. What to Do if Someone Discloses Allegations of Sexual Violence
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BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
A person may choose to confide in someone about an act of sexual violence, such as a student, instructor, teaching assistant, coach, or staff from residence, counselling or security. An individual who has experienced or been affected by sexual violence may also disclose to staff or faculty members when seeking support and/or academic accommodation. A supportive response involves: listening without judgement and accepting the disclosure as true;
communicating that sexual violence is never the responsibility of the survivor;
helping the individual identify and/or access available on or off-campus services, including emergency medical care and counselling;
respecting the individual’s right to choose the services they feel are most appropriate and to decide whether to report to the police and/or the Manager, Equity, Human Rights, and Accessibility at
705- 566-8101, ext. 7235; recognizing that disclosing can be traumatic and an individual’s ability to recall the events may be limited;
respecting the individual’s choices as to what and how much they disclose about their experience; and
making every effort to respect confidentiality and anonymity. If disclosure is made to an employee by a student seeking support or academic accommodation, the employee should refer the student to the Glenn Crombie Centre for Student Support, and work with the Glenn Crombie Centre staff to ensure that the student receives all necessary academic and other accommodations. If an employee of the College becomes aware of an allegation of sexual violence against another member of the College community, the employee is required to report the incident to their supervisor or that person’s supervisor.
5. Communicating with Individuals who have Experienced or been affected by Sexual Violence Sensitive and timely communication with individuals who have experienced or been affected by sexual violence and their family members (when an individual consents to this communication) is a central part of the College’s first response to sexual violence. To facilitate communication the College will: ensure that the Manager, Equity, Human Rights and Accommodation is knowledgeable about sexual violence, and is responsible for advocacy on campus on behalf of employees, students or any other member of the College community who have experienced sexual violence;
ensure designated staff members respond in a prompt, compassionate, and personalized fashion; and
ensure that both the person who has experienced sexual violence, and the respondent, are provided with reasonable updates about the status of the College’s investigation of the incident when such
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BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
investigations are undertaken.
6. Roles and Responsibilities of the College Community While everyone on campus has a role to play in responding to incidents of sexual violence, some campus members will have specific responsibilities which might include: On-campus health supports to provide psychological and emotional support, assist with safety planning, provide and/or make referrals to other services including medical services.
Faculty, staff and administrators to facilitate academic accommodations and other needs of those who have experienced or been affected by sexual violence, e.g., extensions on assignments, continuing studies from home, and dropping courses.
Residence staff to facilitate safe living arrangements to the best of their abilities.
Human Resources to assist with any incidents relating to employees.
Security to assist with investigations and gathering evidence, to implement measures to reduce sexual violence on campus, and to collaborate with local police where appropriate. Information about these resources is available at the end of this document; or you can use the link to go directly to Cambrian College Campus and Community Support Services.
7. How Will the College Respond to a Report of Sexual Violence? Where a complaint of sexual violence has been reported to the College, the College will exercise care to protect and respect the rights of both the complainant and the respondent. The College understands that individuals who have experienced or been affected by sexual violence may wish to control whether and how their experience will be dealt with by the police and/or the College. In most circumstances, the person will retain this control. A person who has experienced sexual violence may choose not to request an investigation and has the right not to participate in any investigation that may occur. However, in certain circumstances, the College may be required to initiate an internal investigation and/or inform the police of the need for a criminal investigation, even without the person’s consent, if the College believes that the safety of other members of the College community is at risk. The confidentiality and anonymity of the person(s) affected will be prioritized in these circumstances. A report of sexual violence may also be referred to the police, or to other community resources at the complainant’s request, where the persons involved are not members of the College community or in circumstances where the College is unable to initiate an internal investigation under this Policy. The College may also decide to use an external investigator when appropriate in the circumstances.
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BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
The College adheres to the following in investigating and making decisions about formal complaints. If an entitlement set out below conflicts with something set out in another college policy or procedure, the entitlement set out below shall prevail. 1.1. Where the Respondent is a Student Sexual violence is a violation of this Policy. It is considered a serious offence and will be addressed in a manner which is consistent with other serious offences. Please see the Code of Conduct and related procedures for more details on each disciplinary and appeal process. The Office of Safety and Security is responsible for intake and investigation, and the responsible manager/dean/director/vice president will make decisions with the support of the Manager of Safety and Security. 1.2. Where the Respondent is an Employee Sexual violence is a violation of the College’s Code of Conduct. Allegations against employees will be addressed in accordance with the procedures set out in this Policy, and in any applicable collective agreement, and/or other College policies. If the complaint is sustained following an investigation, the College will decide on the appropriate disciplinary actions consistent with any applicable collective agreement and/or policies regarding discipline. The office of Human Resources is responsible for intake and investigation, and the responsible manager/dean/director/vice president will be responsible for decision making with the support of the Director of Human Resources. There is no formal appeal process for employee violations, though college employees who are members of the union may file a grievance under the collective agreement. 1.3. Where the Respondent is not a Student or Employee Contractors, suppliers, volunteers or visitors who attend on campus will be subject to complaints if they engage in prohibited conduct. Where a complaint against the respondent is substantiated, the College will take appropriate action. When the respondent is not a student or employee, the Manager of Safety and Security is responsible for intake and investigation, and the responsible manager/dean/director/vice president will make decisions with the support of the Manager of Safety and Security. There is not appeal process for supplier, volunteer, or visitor violations. All contractual relationships entered into by the College will be governed by a standard contract compliance clause stating that contractors must comply with this Policy and the Ontario Human Rights Code, including co-operating in investigations. Breach of the clause may result in penalties, cancellation, or other sanctions. 1.4. Multiple Proceedings Where criminal and/or civil proceedings are commenced in respect of the allegations of sexual violence, the College shall conduct its own independent investigation into such allegations, and will make its own determination in accordance with its policies and procedures. Where there is an ongoing criminal investigation, the College will cooperate with the local police. 13
BOARD OF GOVERNORS – Sexual Assault and Sexual Violence Policy and Protocol
Policy Type: Compliance
Date Reviewed by Governance Committee: Date Revised: N/A September 19, 2019
Date Approved by Board: December 5, 2019
1.5. Support and Representation Complainants and respondents may attend meetings with a single (non-participating) support person. The College considers requests to attend meetings with additional support persons and with legal or other representation on a case-by-case basis, with a view to promoting a fair and expeditious process. The college may still question and expect direct answers from an individual who is represented. 1.6. Interim Measures The rights and privileges of a respondent may be restricted by the College before it makes a final determination about the alleged misconduct. For example, a respondent may be moved from a complainant’s residence, restricted from entering certain or all parts of campus and restricted from attending class. Such “interim measures” will be imposed only as necessary to meet the needs of complainants and persons who report incidents of sexual violence or otherwise under the College’s Sexual Assault Policy. The College will also take steps to minimize the impact of interim measures on respondents. Interim measures are not punishment and do not represent a finding of misconduct. The college may impose interim measures immediately, without a hearing. Respondents may ask the College to review a decision to impose interim measures, but only to address the impact of the imposed measure and the preference for other alternatives. 1.7. Outcomes The College will determine, based on its investigation, on a balance of probabilities, what happened and whether it constitutes sexual violence or another form of misconduct. If the College finds there has been misconduct, it will determine the appropriate penalty. Students may face discipline, up to and including expulsion. Employees may face discipline, up to and including discharge. Contractors, suppliers, volunteers and visitors may face penalties, cancellation of contract and other sanctions. The College may also impose non-punitive measure such as but not limited to restorative justice, sensitivity training, coaching, or reintegration plan. 1.8. Written decisions The College will inform the complainant and respondent of the results of its investigation in writing. The written decision summary will include a brief description of any corrective action that the College has taken or will take as a result of its investigation.
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Sexual Assault and Sexual Violence – Supporting Information COMMUNITY PROGRAMS
Violence Intervention and Prevention Program (VIPP) – Health Sciences North 705-675-4743 41 Ramsey Lake Road, Sudbury ON
VIPP is a 24/7 program that provides acute care, treatment and counselling to persons who have been victimized by sexual assault and domestic violence. The program also provides assessment and treatment for child physical abuse.
Services include injury assessment and treatment, medical treatment for sexually transmitted infections and pregnancy prevention, photo documentation of injuries, evidence collection (sexual assault kit), counselling and referrals to support services. VIPP also has a role in community advocacy, education and research to end violence.
YWCA Genevra House 705-673-4754 http://ywcasudbury.ca/programs/genevra-house-shelter
Support Services for women experiencing abuse by their intimate partners.
The team at YWCA Genevra House offers a full range of support programs for the residents of Genevra House and for women in the community. Their programs are available to all women wanting to build a life free from abuse, whether they are staying at Genevra House or living elsewhere. They also provide support to older women experiencing abuse by their live-in caregiver.
All of their programs are based on the belief in a woman’s right to make the choices that are best for her
Centre Victoria pour Femmes 705-670-2517 Fem’aide 1 877 336-2433 http://www.centrevictoria.ca
Un service de soutien et de counseling en français pour les femmes touchées par toutes les formes de violence.
Shkagamik-Kwe Health Centre 7 05-675-1596 http://www.skhc.ca/
Shkagamik-Kwe Health Centre (SKHC) is an Aboriginal Health Access Centre (AHAC) dedicated to providing
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Sexual Assault and Sexual Violence – Supporting Information COMMUNITY PROGRAMS
equal access to quality health care to First Nation, Métis and Inuit individuals and their families who live in the City of Greater Sudbury, or who reside on Henvey Inlet First Nation, Magnetawan First Nation or Wahnapitae First Nation.
They are a culturally based holistic health centre dedicated to balanced and healthy lifestyles. Programs and services support traditional Aboriginal values encompassing the connectedness of emotional, spiritual, physical and mental well-being.
Sudbury Women’s Centre 705-673-1916 324 Elm Street, Sudbury ON https://sudburywc.ca/
The Sudbury Women’s Centre is a charitable organization dedicated to serving the needs of women in the Greater Sudbury seeking service in a broad range of areas.
Cambrian College – Women’s Resource Centre 705-566-8101 ext. 7426 https://cambriancollege.ca/campus-life/cambrian-womens-resource-centre/
The Women's Resource Centre is located within Cambrian College. It provides information and resources to women including staff, faculty and students. We encourage all women to take action in addressing issues that concern them.
Assaulted Women’s Helpline 1-866-863-0511 http://www.awhl.org
The helpline is available 24hrs/day, 7 days a week and services are available in 200 languages.
Talk4healing 1-855-554-HEAL (4325) http://www.talk4healing.com
Talk4healing is a free and culturally safe telephone line for Aboriginal women living in Northern Ontario.
Youthline – LGBTQ 1-800-268-9688 http://www.youthline.ca/index.php 1.
Sexual Assault and Sexual Violence – Supporting Information COMMUNITY PROGRAMS
The Lesbian Gay Bi Trans Youth Line is a toll-free service provided by youth for youth. They offer support, information and referrals specific to your concerns. They are here because they want to be there for you – to be part of your community. They may not have lived your experiences exactly, but they can probably relate. They too, are lesbian, gay, bisexual, transgender, transsexual, two-spirit or queer.
Voices for Women - Sudbury Sexual Assault Centre Contact Information 96 Larch Street, Suite 305 Sudbury, ON P3E 1C1 Telephone: 705-671-5495 https://voicesforwomen.ca/ Hours of Operation - Monday to Friday, 9:00 a.m. to 5:00 p.m.
Voices for Women is a free community-based program that provides services to women 16 years of age and older experiencing trauma from historical sexual violence. If you are a woman who has experienced violence in the past and is looking for services, you may contact VOICES directly to set up an intake. VOICE is a women safe space.
Male Survivors of Sexual Abuse Program Sexual Assault Crisis Line for Men 1-866-887-0015 – or 705-524-9629 - 24-hour, multilingual, toll-free phone line for immediate crisis and referral.
Male survivors of sexual abuse have access to a number of specialized services to help them deal with the impact of abuse, including: individual and group counselling; peer support; telephone and online counselling; referrals to other appropriate community support services to meet other long-term needs that clients may have. http://counsellingccs.com/programs/male-survivors-program.html
Ministry of the Attorney General Victim Support Line If you would like to talk with an information and referral counsellor, please call the Victim Support Line at 1- 888-579-2888, or 416-314-2447 in the Greater Toronto Area. http://www.attorneygeneral.jus.gov.on.ca/english/ovss/male_support_services/ http://www.attorneygeneral.jus.gov.on.ca/english/ovss/programs.php#sexualAssault
Ontario Coalition of Rape Crisis Centres Sexual Assault Centres in Ontario offer confidential and free counselling to survivors of recent and historical sexual assault. You can contact a centre to ask about individual or group counselling for survivors of sexual violence.
You can also reach a counsellor by phone at any time by calling a sexual assault centre crisis support line. These 1.
Sexual Assault and Sexual Violence – Supporting Information COMMUNITY PROGRAMS
confidential, 24-hour phone-lines offer someone immediate to talk to, crisis counselling, support and information for support allies (i.e. parents, partners or friends of survivors), safety planning, information on victim police reporting and medical options, and strategies for coping with flashbacks, memories and feelings. http://www.sexualassaultsupport.ca/
Sudbury and Area Victim Services (SAVS) http://www.sudburyandareavictimservices.ca/ [email protected] 705-522-6970
Sudbury and Area Victim Services (SAVS) is a non-profit organization that provides immediate crisis assistance, intervention and prevention services which are responsive to the needs of individuals, families, and communities affected by crime, tragic circumstances, and disaster.
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Sexual Assault and Sexual Violence – Supporting Information MYTH AND FACT SHEET
Use of the term “Rape” in the context of Sexual Violence
This policy refers to the offence of sexual assault to align with the current offence contained in the Criminal Code. The word “rape” is no longer used in criminal statutes in Canada. The term was replaced many years ago to acknowledge that sexual violence is not about sex but is about acts of psychological and physical violence. The term “sexual assault” provides a much broader definition and criminalizes unwanted behaviour such as touching and kissing as well as unwanted oral sex and vaginal and anal intercourse. Although the term no longer has a legal meaning in Canada, the term rape is still commonly used.
DISPELLING THE MYTHS AND MISCONCEPTIONS ABOUT SEXUAL ASSAULT
Myth Fact
It wasn’t rape, so it wasn’t sexual violence. Sexual assault and sexual violence encompasses a broad range of sexual activity. Any unwanted sexual contact is considered to be sexual violence. A survivor can be severely affected by all forms of sexual violence, including unwanted fondling, rubbing, kissing, or other sexual acts. Many forms of sexual violence involve no physical contact such as stalking or distributing intimate visual recordings. All of these acts are serious and can be damaging.
Sexual assault can’t happen to me or anyone I know. Sexual assault can and does happen to anyone. People of all socioeconomic and ethnic backgrounds are victims of sexual assault, but the vast majority of sexual assaults happen to women and girls. Young women, Aboriginal women and women with disabilities are at greater risk of experiencing sexual assault.
Sexual assault is most often committed by strangers. Someone known to the victim, including acquaintances, dating partners, and common-law or married partners, commit approximately 75 per cent of sexual assaults.
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Sexual Assault and Sexual Violence – Supporting Information MYTH AND FACT SHEET
Myth Fact
Sexual assault is most likely to happen outside in The majority of sexual assaults happen in private spaces dark, dangerous places. like a residence or private home.
If an individual doesn’t report to the police, it wasn’t Just because a victim doesn’t report the assault doesn’t sexual assault. mean it didn’t happen. Fewer than one in ten victims report the crime to the police.
It’s not a big deal to have sex with someone while If a person is unconscious or incapable of consenting due they are drunk, stoned or passed out. to the use of alcohol or drugs, they cannot legally give consent. Without consent, it is sexual assault.
If the person chose to drink or use drugs, then it isn’t This is a prominent misconception about sexual assault. considered sexual assault. No one can consent while drunk or incapacitated.
If the victim didn’t scream or fight back, it probably A person being sexually assaulted may not fight back for wasn’t sexual assault. many reasons, it is never the survivor’s fault.
If the victim does not fight back, the sexual assault is their fault.
If you didn’t say no, it must be your fault. People who commit sexual assault/abuse are trying to gain power and control over their victim. They want to make it extremely difficult, if not impossible, for their victim to say no. A person does not need to actually say the word “no” to make it clear that they did not want to participate. The focus in consent is on hearing a “yes”.
If a person isn’t crying or visibly upset, it probably Every person responds to the trauma of sexual assault wasn’t a serious sexual assault. differently. They may cry or may be calm. They may be silent or very angry. Their behaviour is not an indicator of their experience. It is important not to judge people by how they respond to the assault.
If someone does not have obvious physical injuries, Lack of physical injury does not mean that a person like cuts or bruises, they probably were not sexually wasn’t sexually assaulted. An offender may use threats, assaulted. weapons, or other coercive actions that do not leave physical marks. The person may have been unconscious or been otherwise incapacitated.
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Sexual Assault and Sexual Violence – Supporting Information MYTH AND FACT SHEET
Myth Fact
If it really happened, the victim would be able to Shock, fear, embarrassment and distress can all impair easily recount all the facts in the proper order. memory. Many survivors attempt to minimize or forget the details of the assault as a way of coping with trauma. Memory loss is common when alcohol and/or drugs are involved.
Individuals lie and make up stories about being According to Statistics Canada, fewer than one in 10 sexually assaulted; and most reports of sexual assault sexual assault victims report the crime to the police. turn out to be false. Approximately 2% of sexual assault reports are false. The number of false reports for sexual assault is very low. Sexual assault carries such a stigma that many people prefer not to report.
Persons with disabilities don’t get sexually assaulted. Individuals with disabilities are at a high risk of experiencing sexual violence or assault. Those who live with activity limitations are over two times more likely to be victims of sexual assault than those who are able- bodied.
A spouse or significant other cannot sexually assault Sexual assault can occur in a married or other intimate their partner. partner relationship. The truth is, sexual assault occurs ANY TIME there is not consent for sexual activity of any kind. Being in a relationship does not exclude the possibility of, or justify, sexual assault. A person has the right to say “no” at ANY point.
People who are sexually assaulted “ask for it” by their This statement couldn’t be more hurtful or wrong. provocative behaviour or dress. Nobody deserves to be sexually assaulted. Someone has deliberately chosen to be violent toward someone else to not get consent. Nobody asks to be assaulted. Ever. No mode of dress, no amount of alcohol or drugs ingested, no matter what the relationship is between the survivor and the perpetrator, or what the survivor’s occupation is, sexual assault is always wrong.
Sexual assault only happens to women Not true. The majority of sexual assaults are committed against women by men, but people of all genders, from all backgrounds have been/can be assaulted.
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Sexual Assault and Sexual Violence – Supporting Information MYTH AND FACT SHEET
Myth Fact
Sexual abuse of males is rare. According to Statistics Canada, six per cent of males 15 or older reported that they had experienced sexual victimization. Sexual assault/abuse occurs in every economic, ethnic, age and social group.
If you got aroused or got an erection or ejaculated It is normal for your body to react to physical stimulation. you must have enjoyed it. Just because you became physically aroused does not mean that you liked it, or wanted it or consented in any way. If you experienced some physical pleasure, this does not take away the fact that sexual abuse happened or the effects or feelings of abuse.
Acknowledgements: A number of resources contributed to the development of this document, including the sexual assault policies and procedures from several colleges and universities in Ontario, notably, Durham College, University of Guelph and Lakehead University, as well as the Metrac discussion paper on sexual assault policies on campuses and “Developing a Response to Sexual Violence: A Resource Guide for Ontario’s Colleges and Universities”, by the Ontario Women’s Directorate. The “Dispelling Myths and Misconceptions About Sexual Assault” chart is from the Women’s Directorate guide.
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Sexual Assault and Sexual Violence – Supporting Information SEXUAL ASSAULT CENTRES (Ontario)
For English services, please refer to the table below.
Region in Ontario Sexual Assault Centre 24-hr Crisis Line Office Phone Algoma Women In Crisis Algoma 1-877-759-1230 705-759-1230 (Sault Ste. Marie) Belleville-Quinte Sexual Assault Centre for Quinte 1-877-544-6424 613-967-6300 & District Brant Sexual Assault Centre of Brant 519-751-3471 519-751-1164 Bruce County Women's House Serving Bruce and Grey: Sexual Assault 1-866-578-5566 519-372-1113 Services Chatham-Kent Chatham-Kent Sexual Assault 519-354-8688 519-354-8908 Crisis Centre Cornwall Sexual Assault Support Services English: 1-866-863-0511 613-932-1755 for Women, Cornwall French: 1-877-336-2433 East Algoma (Elliot Lake) Counselling Centre of East 1-800-721-0077 705-848-2585 Algoma Guelph-Wellington Guelph-Wellington Women in 519-836-5710 519-836-1110 Crisis 1-800-265-7233 Halton (Oakville) Sexual Assault & Violence 905-875-1555 905-825-3622 Intervention Services of Halton Text: 905-691-4873 Hamilton Sexual Assault Centre Hamilton 905-525-4162 905-525-4573 & Area (SACHA) Kawartha (Peterborough Kawartha Sexual Assault Centre 1-866-298-7778 705-748-5901 & Area) 705-741-0260 Kenora Kenora Sexual Assault Centre 807-468-7233 807-468-7958 1-800-565-6161 Kingston Sexual Assault Centre Kingston 613-544-6424 613-545-0762 1-877-544-6424 London-Middlesex Sexual Assault Centre London 519-642-3000 519-642-3003 1-800-265-1576 Muskoka Athena’s Sexual Assault 705-737-2008 705-737-2884 Counselling & Advocacy Centre 1-800-987-0799 Niagara Niagara Region Sexual Assault 905-682-4584 905-682-7258 Centre Nipissing Amelia Rising Sexual Assault 705-476-3355 705-840-2403 Centre of Nipissing Oshawa-Durham Oshawa-Durham Rape Crisis 905-444-9672 905-668-9200 Centre Ext 21 Ottawa SASC Sexual Assault Support Centre 613-234-2266 613-725-2160 of Ottawa Ottawa RCC Ottawa Rape Crisis Centre 613-562-2333 613-562-2334
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Sexual Assault and Sexual Violence – Supporting Information SEXUAL ASSAULT CENTRES (Ontario)
Region in Ontario Sexual Assault Centre 24-hr Crisis Line Office Phone Peel Hope 24/7: Sexual Assault 1-800-810-0180 905-792-0821 Centre of Peel Renfrew Women's Sexual Assault Centre 1-800-663-3060 613-735–5551 of Renfrew County Sarnia-Lambton Sexual Assault Survivors' Centre 519-337-3320 519-337-3154 Sarnia-Lambton Sudbury Voices for Women Sexual Assault Centre 1-866-863-0511 – Eng 705-671-5495 Assaulted Women’s Hotline 1-877-336-2433 - Fr /Fem'aide Thunder Bay Thunder Bay Sexual Abuse & Sexual Assault Counselling & 807-344-4502 807-345-0894 Crisis Centre Timmins Timmins and Area Women in 1-877-268-8380 705-268-8381 Crisis Toronto Multicultural Women Against Rape/Toronto Rape Crisis (416) 597-8808 416-597-1171 Centre Waterloo Sexual Assault Support Centre 519-741-8633 519-571-0121 of Waterloo Region Windsor-Essex Sexual Assault Crisis Centre of 519-253-9667 519-253-3100 Essex County York Women’s Support Network of 1-800-263-6734 905-895-3646 York Region 905-895-7313
For French services, please refer to the table below.
Also, for additional French language support to women victims of sexual assault, please visit (Pour le support francophone aux femmes victimes d'agression sexuelle, se il vous plaît visitez): http://aocvf.ca/services-aux-femmes Fem’aide 1 877 336-2433
Service d’aide aux Numéros de Région de l’Ontario survivants d’agressions Ligne de crise 24h téléphone sexuelles Barrie Colibri - Centre des femmes francophones du comté de 1 877 797-2050 705 797-2060 Simcoe www.centrecolibri.ca [email protected]
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Sexual Assault and Sexual Violence – Supporting Information SEXUAL ASSAULT CENTRES (Ontario)
Service d’aide aux Numéros de Région de l’Ontario survivants d’agressions Ligne de crise 24h téléphone sexuelles Casselman Centre Novas : Centre francophone d'aide et de lutte 1 866 772-9922 poste 221 contre les agressions à caractère administration@centrenovas 613 764-5700 sexuel de Prescott- .ca Russell www.centrenovas.ca Hamilton Centre de santé communautaire Hamilton/Niagara - Espace entre 1 866 437-7606 905 528-0163 Elles www.centredesante [email protected] communautaire.com London Carrefour des femmes du Sud- 1 888 858-0954 Ouest de l'Ontario: CALACS de la bienvenue@carrefourfemmes 519 858-0954 région du Sud-Ouest .on.ca www.carrefourfemmes.on.ca Ottawa Centre francophone d'aide et de lutte contre les agressions à [email protected] 613 789-8096 caractère sexuel d'Ottawa Sudbury Centre Victoria pour femmes 705 670-2517
www.centrevictoria.ca info@centrevictoria .ca
Thunder Bay Centr’Elles, centre des Femmes 1 888 415-4156 807 684-1955 Francophones du Nord-Ouest de [email protected] l'Ontario www.centrelles.com Timmins Centre Passerelle pour femmes: CALACS du Nord de l'Ontario 705 360-5657 www.centrepasserelle.ca Toronto Oasis Centre des femmes 416 591-6565 www.oasisfemmes.org
Acknowledgements: A number of resources contributed to the development of this document, including the sexual assault policies and procedures from several colleges and universities in Ontario, notably, Durham College, University of Guelph and Lakehead University, as well as the METRAC discussion paper on sexual assault policies on campuses. The Ontario Women’s Directorate resource, “Developing a Response to Sexual Violence: A Resource Guide for Ontario’s Colleges and Universities” served as a reference and the “Dispelling Myths and Misconceptions About Sexual Assault” chart is based on it. In addition, the Ontario Coalition of Rape Crisis Centres provided a list of sexual assault centres in Ontario and their hotline numbers.
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Sexual Assault and Sexual Violence – Supporting Information Cambrian College Campus and Community Support Services
The following are available campus and community resources: On Campus Emergency Service: Campus Security Services 705-566-8101, ext. 7911 (24h/7d) On Campus Advising: Manager, Equity, Human Rights and Accessibility 705-566-8101, ext. 7235 (M-F, 8:30a-4:30p) On Campus Counselling 705-566-8101, ext.7311 (M-F, 8:30a-4:30p) [email protected] Cambrian Student Council (CSC) 705-566-8101, ext. 7729 (M-W-F 8:30a-4:30p, T-T 12p-8p) Residence 705-566-8101, ext. 7583 Wabnode, Centre for Indigenous Services 705-566-8101, ext. 7833 Cambrian College – Women’s Resource Centre 705-566-8101 ext. 7426
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